Baldwin Borough City Zoning Code
ARTICLE V
Administration
§ 168-500 Borough Council.
A.
Duties of Council.
(1)
The Council. Under this chapter, Council shall have the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law; and of establishing a schedule of fees and charges. Under no circumstances shall the duties of the Council include hearing and deciding questions of enforcement that may arise.
(2)
Appoint the members of the Planning Commission, the Zoning Hearing Board and the Zoning Officer.
(3)
Receive and consider the recommendations of the Planning Commission on matters the Commission reviews pursuant to this chapter.
(4)
Ask for recommendations of the Planning Commission on the adoption or amendment of this chapter if such recommendations are not prepared by the Planning Commission. In accordance with § 303(a) of the Pennsylvania Municipalities Planning Code,[1] Council must ask for recommendations from the Planning Commission for proposed actions related to:
(a)
The location, opening, vacation, extension, widening, narrowing or enlargement of any street, public ground, pierhead or watercourse;
(b)
The location, erection, demolition, removal or sale of any public structure located within the municipality;
(c)
The adoption, amendment or repeal of an official zoning map, SALDO, zoning ordinance, or capital improvements program: or
[Amended 1-21-2020 by Ord. No. 900]
(d)
The construction, extension or abandonment of any water line, sewer line or sewage treatment facility.
[1]
Editor's Note: See 53 P.S. § 10303(a).
(5)
Advertise and host a public hearing before adopting a zoning ordinance or any amendment thereto.
(6)
May remove members of the Planning Commission, the Zoning Hearing Board or the Zoning Officer from their positions upon just cause and after a formal hearing.
(7)
Establish fees for the issuance of land development, building, occupancy and sign permits. In accordance with § 617.3(e) of the Pennsylvania Municipalities Planning Code,[2] Council may also prescribe fees for conditional use applications, landowner curative amendments, municipal curative amendments and for hearings before the Zoning Hearing Board.
[2]
Editor's Note: See 53 P.S. § 10617.3(e).
(8)
Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(9)
All applications pursuant to § 508 of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10508, for approval of subdivisions or land developments under Part V of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10501 et seq.
(10)
Applications for conditional use under the express provisions of this chapter.
(11)
Applications for curative amendment to this chapter or pursuant to § 609.1 and 916.1(a) of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10609.1 and 10916.1(a).
(12)
All petitions for amendments to land use ordinances, pursuant to the procedures set forth in § 609 of the Pennsylvania Municipalities Planning Code, 53 P. S. § 10609.
(13)
Appeals from the determination of the Zoning Officer or the Borough Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management as enabled by the Pennsylvania Municipalities Planning Code.
(14)
Applications for approvals of planned residential development.
§ 168-510 Zoning Officer and Building Inspector.
A.
Duties of Zoning Officer.
(1)
The day-to-day administrative procedures provided for in this chapter are the responsibility of the Zoning Officer. The Zoning Officer's duties generally involve receiving, reviewing, and issuing building and zoning permits and certificates of occupancy, maintaining records of applications and permits, performing inspections to determine compliance with this chapter, notifying persons violating this chapter, keeping this chapter and map up-to-date and accepting applications for and presenting facts at hearings before the Zoning Hearing Board. Council may amend the duties of the Zoning Officer as deemed necessary for the health, safety and welfare of the residents. The Zoning Officer must administer this chapter by its literal terms; the Zoning Officer does not have any discretionary power and can neither waive nor tighten any requirement of the chapter. The Zoning Officer is required to meet qualifications established by the Borough and the Pennsylvania Municipalities Planning Code[1] and must be able to demonstrate a working knowledge of the municipal zoning. The Zoning Officer may also serve as the Building Inspector.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Zoning permits, building permits and certificate of occupancy. Before issuing the zoning permit, building permit or certificate of occupancy, the Zoning Officer shall assure that the proposed construction or use is in conformity with the provisions of this chapter, as well as other applicable ordinances of the Borough.
C.
Application for special exception. Any applicant for a building permit or certificate of occupancy for a structure or use which may be permitted in the district concerned only as a special exception shall be informed by the Zoning Officer of the rules and procedures of the Zoning Hearing Board relating to such applications.
D.
Other duties. Other duties of the Zoning Officer are to:
(1)
Act on behalf of the municipality in any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, demolition, maintenance or use of any building or structure, to restrain, correct or abate such violation, so as to prevent the occupancy or use of any building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
(2)
Revoke by order any building permit, zoning permit or certificate of occupancy issued under a mistake of fact or contrary to the law or the provisions of this chapter.
(3)
Record and file all applications and plans for permits and the action taken thereon. All applications, plans and documents shall be a public record.
(4)
Maintain the Official Zoning Map showing the current zoning districts for all the land within the municipality. Upon request, the Zoning Officer shall make determination of any Zoning Map district boundary question. Such determination may be appealed to the Zoning Hearing Board.
(5)
Upon the request of the Council, Planning Commission or Zoning Hearing Board, present facts, records or information to assist them in making decisions.
(6)
Provide testimony at hearings of the Zoning Hearing Board, if requested.
(7)
Conduct inspections and surveys as prescribed by Council or ordinance to determine compliance or noncompliance with the terms of this chapter.
§ 168-520 Planning Commission and Zoning Hearing Board.
A.
Planning Commission specific intent. It is the purpose of this article to cite the responsibilities of the Planning Commission in the administration of designated duties and functions according to the Pennsylvania Municipalities Planning Code, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Planning Commission administration and procedure.
(1)
Continuance of commission. There shall be in and for the Borough of Baldwin a Planning Commission, as previously created by Borough Ordinance pursuant to the Pennsylvania Municipalities Planning Code, Act 247.
(2)
Appointment, term and vacancy. The Planning Commission of the Borough of Baldwin shall consist of five members, all of whom shall be full-time residents of the Borough, appointed by Council in the manner prescribed by Act 247 of the Municipalities Planning Code, as amended. The term of each member shall be for four years; not more than two shall expire during any calendar year. The Chairman of the Planning Commission shall promptly notify Council concerning vacancies in the Planning Commission for any reason, and Council shall fill the vacancy only for the unexpired term. Such appointments shall be made within a period of 60 days after such vacancy occurs.
(3)
Meetings. The Planning Commission shall meet as required and as deemed necessary.
(4)
Conduct of business. The Planning Commission shall elect its own Chairman and Vice Chairman and create and fill such other offices as it may determine. Officers shall serve annual terms and may succeed themselves. The Planning Commission may make and alter bylaws and rules and regulations to govern its procedures consistent with the ordinances of Borough of Baldwin and the laws of the commonwealth.
C.
Planning Commission powers, duties and other functions.
(1)
Conduct. The Planning Commission shall at the request of the Council have the power and shall be required to:
(2)
Conduct. The Planning Commission at the request of Council may:
(a)
Make recommendations to Council concerning the adoption or amendment of an Official Zoning Map.
(b)
Prepare and present to Council a zoning ordinance, and make recommendations to the Council on proposed amendments to it as set forth in this chapter.
(c)
Prepare, recommend and present subdivision and land development for the consideration of Council.
[Amended 1-21-2020 by Ord. No. 900]
(d)
Prepare and present to Council a building code and a housing code and make recommendations concerning proposed amendments thereto following review and approval by the Pennsylvania Department of Labor and Industry.
(e)
Review and present recommendation to Council on conditional use applications.
(f)
Complete other actions, including but not limited to the review and recommendation on conditional use application to Council, or make such studies as may be necessary to fulfill the duties and obligations imposed by this chapter.
(g)
Prepare and present to Council an environmental study. Submit to Council a recommended capital improvements program.
(h)
Prepare and present to Council a water survey which shall be consistent with the state water plan and any applicable water resources plan adopted by a river basin commission. The water survey shall be conducted in consultation with any public water supplier in the area to be surveyed.
(i)
Promote public interest in, and understanding of, the Comprehensive Plan and planning.
(j)
Make recommendations to individuals, governmental, civic and private agencies as to the effectiveness of such agencies' proposals.
(k)
Hold public hearings and meetings.
(l)
Present testimony before any board.
(m)
Require from other departments or agencies of the Borough such available information as relates to the work of the Planning Commission.
(n)
In the performance of its functions, enter upon any land to make examinations and surveys with the consent of the owner.
(o)
Prepare and present to Council a study regarding the feasibility and practicability of using renewable energy sources in specific areas within the Borough.
(p)
Review the zoning, subdivision and land development ordinance, Official Zoning Map of the Borough of Baldwin, and regulations governing the development of land no less frequently than it reviews the comprehensive plan.
[Amended 1-21-2020 by Ord. No. 900]
(3)
Conduct. Provide recommendations for proposed actions related to:
(a)
The location, opening, vacation, extension, widening, narrowing or enlargement of any street, public ground, pierhead or watercourse;
(b)
The location, erection, demolition, removal or sale of any public structure located within the municipality;
(c)
The adoption, amendment or repeal of an official map, SALDO, zoning ordinance or capital improvements program; or
[Amended 1-21-2020 by Ord. No. 900]
(d)
The construction, extension or abandonment of any water line, sewer line or sewage treatment facility.
D.
Planning Commission administrative and technical assistance. Council may employ administrative and technical services to aid in carrying out the provisions of Act 247, the Municipalities Planning Code, either as consultants on particular matters or as regular employees of the Borough of Baldwin.
E.
Planning Commission assistance. The Planning Commission may, with consent of Council, accept and utilize any funds, personnel or other assistance made available by Allegheny County, the commonwealth or the federal government or any of their agencies or from private sources.
F.
Planning Commission removal. Any member of the Planning Commission once qualified and appointed may be removed from office for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of Council, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing. Any appointment to fill a vacancy created by removal shall be only for the unexpired term.
G.
Membership of Zoning Hearing Board. The membership of the Zoning Hearing Board shall consist of five residents of Borough of Baldwin appointed by Council. Their terms of office shall be five years and shall be so fixed that the term of one member shall expire each year. The Board shall promptly notify Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other elected or appointed office in Borough of Baldwin nor shall any member be an employee of the Borough.
H.
Organization of the Zoning Hearing Board. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and taking of any action, a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a Hearing Officer from its own membership to conduct any hearings on its behalf and the parties may waive further action by the Board as provided by law. The Board shall adopt rules consistent with this chapter and the laws of the commonwealth. Such rules shall include, but not be limited to, the manner of filing appeals and the manner of filing applications for special exceptions and variances. The Borough Manager or his or her representative shall serve as Secretary to the Zoning Hearing Board.
I.
Removal of Zoning Hearing Board members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of Council which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
J.
Zoning Hearing Board jurisdiction, meetings, hearings and other matters.
(1)
Zoning Hearing Board. Council shall appoint a Zoning Hearing Board in accordance with the provisions of the Borough's Code of Ordinances and § 901 of the Pennsylvania Municipalities Planning Code.[2] The Zoning Hearing Board shall have the following powers:
(a)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this chapter.
(b)
To hear and decide all variances to the terms of this chapter; the Zoning Hearing Board is required to act under provisions of this chapter including approval of the expansion, extension or enlargement of nonconforming uses only as provided for in this chapter and/or as otherwise prescribed within the Pennsylvania Municipalities Planning Code § 909.1.[3]
[3]
Editor's Note: See 53 P.S. § 10909.1.
(c)
To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter would result in an unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(e)
To hear and decide appeals from a determination by a municipal engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
(g)
To hear and decide appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or VII applications prescribed within the Pennsylvania Municipalities Planning Code.
[2]
Editor's Note: See 53 P.S. § 10901.
(2)
In exercising the above mentioned powers, such Zoning Hearing Board may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made. Notice of such decision shall forthwith be given to all parties in interest and shall be filed immediately with the Zoning Officer.
K.
Zoning Hearing Board meetings. Meetings of the Zoning Hearing Board shall be held at the call of the Chairman and at such other times as the Board may determine as per its rules and procedures. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the permanent records of the Board and shall be a public record.
L.
Zoning Hearing Board hearings. The Board shall conduct hearings and make decisions in accordance with the requirements and provisions under § 908, Hearings, Pennsylvania Municipalities Planning Code.[7] Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer and such other persons who have registered a name and address for this purpose with the Zoning Hearing Board.
[7]
Editor's Note: See 53 P.S. § 10908.
N.
Zoning Hearing Board expenditure for services. Within the limits of funds appropriated by the Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by Council and as per the provisions of § 907 of the Pennsylvania Municipalities Planning Code.[9]
[9]
Editor's Note: See 53 P.S. § 10907.